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Category Archives: BWI – Boating While Intoxicated

Texas Penal Code – Section 49.06. Boating While Intoxicated. (a) A person commits an offense if the person is intoxicated while operating a watercraft. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

Texas Statewide No-Refusal Weekend – first of its kind in the nation ever!


Fireworks display at the UT tower during Diwal...
Image via Wikipedia

Everyone loves the Fourth of July.  It has become the unofficial celebration of summer as people across the United States enjoy the very essence of independence and freedom.  Everywhere you go you see families’ barbequing, neighborhood block parties and friends hanging out wherever it’s cool – lakes, pools, rivers, beaches – everyone enjoying a good time just waiting for the sun to go down and the fireworks to start. Unfortunately, the days following the Fourth of July, many of those same people reunite at hospitals, police stations, attorney offices – and even more unfortunate, funerals.

Last year in Texas alone, officers responded to 337,000 crashes over the Fourth of July weekend.  In 2009, the “no refusal holiday program” was created to enforce Texas DWI laws in order to help lower alcohol related accidents.  The program allows law enforcement and prosecutors to designate a holiday weekend, such as New Year’s Eve, Halloween, or Super Bowl weekend, where law enforcement officers can stop a driver for DWI suspicion and take a blood sample to test for Blood Alcohol Content (BAC).  According to a press release Tuesday in Austin regarding the statewide program— “drivers also can be arrested with a BAC below 0.08 when a law enforcement officer has probable cause, based on the driver’s behavior, to believe the driver has lost the normal use of mental or physical faculties due to the introduction of alcohol or any substance into his or her body.”  Along with extra patrol on the road, there will also be additional enforcement on the water all across the state enforcing no refusal.  So not only are you at risk drinking and driving, but drinking and boating as well.

The concept of this program is simple – you cannot refuse.  If you are stopped for a busted tail-light, not using your blinker, not wearing a seatbelt, speeding or any other minor traffic violation and the officer suspects that you are intoxicated you will be required to have your blood drawn or take a breathalyzer test .  During “No Refusal Weekends,” judges are on standby to sign a warrant permitting the police to take a blood sample after a suspected driver refuses to submit to a breath or blood test.  Basically, if you drive on a “No Refusal Weekend,” and an officer suspects you have been drinking, he can obtain a sample of your blood to test for BAC whether you like it or not.

You might wonder how law enforcement is able to do this without violating your rights.  When you obtain a Texas driver’s license, you have implicitly consented to provide a sample of breath or blood when it is requested by law enforcement agents during a DWI arrest but you may refuse until the law enforcement agent obtains a valid search warrant.  Under normal circumstances, an officer has to wait for a warrant to obtain a sample of your blood and judges are not always readily available… unlike “No-Refusal Weekends” when judges are standing by to issue these warrants at a moment’s notice.

The best thing you can do if you have been drinking during a “No Refusal Weekend” is to call a cab or have a designated driver.   If you have any questions about your arrest or rights after a DWI, DUI, BWI or any other alcohol related offense in Texas please join us on Facebook or post a comment anywhere on this blog and an experienced Texas attorney will be happy to assist you.

KEY MESSAGES:

  • During the July 4th holiday, alcohol is a major factor in fatal crashes.
  • Motor vehicle traffic crashes killed 410 people during the Fourth of July holiday period in 2009.  Of that number, 40 percent involved drivers with blood alcohol concentrations (BAC) of .08 grams per deciliter or higher.
  • Alcohol-impaired-driving crashes killed 10,839 people in 2009, accounting for 32 percent of all traffic-related deaths in the United States.  That’s an average of one alcohol-impaired-driving fatality every 48 minutes.
  • Beware: the rate of alcohol impairment among drivers involved in fatal crashes in 2009 was four times higher at night than during the day.

Drunk Driving. Over the Limit. Under Arrest.

  • This summer don’t let your 4th of July end in an arrest—or even worse, death. Make smart decisions. Plan ahead so you can ensure a safe way home.
  • Cops are cracking down, and there will be no second chances.  If you are caught driving with a BAC of .08 or higher, you will be arrested.
  • Remember, don’t ever get behind the wheel of a vehicle when you are impaired, and don’t ride with a driver who has been drinking.
  • Whether way too many or just one too many, it’s not worth the risk. Drunk driving creates serious consequences.
  • Alcohol impairs many of the skills that safe driving requires, including judgment, concentration, comprehension, coordination, visual acuity and reaction time.
  • Driving with a BAC of .08 or higher is illegal in every state. Yet too many people still ignore the law. According to the FBI’s Uniform Crime Report, more than 1.44 million people were arrested for driving under the influence during 2009.
  • The tragedies and costs from drinking and driving impaired do not just end at the potential death, disfigurement, disability and injury caused by impaired drivers.
  • People who break the law often face jail time, the loss of their driver licenses, higher insurance rates, and dozens of other unanticipated expenses from attorney fees, fines and court costs, car towing and repairs, lost time at work, etc.
  • Driving impaired or riding with someone who is impaired is not worth the risk. The consequences are serious and real. Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for driving while impaired can be really significant and not the way you want to celebrate the July 4th holiday.

Remember: Drunk Driving. Over the Limit. Under Arrest.
(information provided by Traffic Safety Marketing
a program sponsored by the National Highway Traffic Safety Administration)

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This is the guy that refused….


 

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BWI – Boating While Intoxicated

BWI – Boating While Intoxicated

With summer activities kicking into full gear and people beginning to relax on their boats throughout the Austin lake ways of  Travis, Williamson, and Hays counties it’s a great time to discuss Boating While Intoxicated.

Enjoy your time hanging out at Devil’s Cove, Carlos & Charlie’s or The Oasis on Lake Travis — but be careful while consuming alcohol because you could get more than just a bad sunburn.

Many people are unaware that Boating While Intoxicated (BWI) is a crime but it is and was responsible for more than 300 arrests in Texas in 2010. Under Texas Penal Code § 49.06, BWI is a Class B misdemeanor. It is illegal to operate a boat with a Blood Alcohol Content (BAC) of 0.08 or higher (the same BAC that will result in an arrest for a DWI). You may also be charged with BWI in Texas if you are operating a boat and do not have normal use of your mental or physical facilities due to alcohol or drugs.

BWI FACTS:

  • A BWI carries the same penalty as a DWI.
  • A first conviction can result in a fine up to $2,000 and/or jail time up to 180 days.
  • A second conviction can result in a fine up to $4,000 and/or jail time up to one year.
  • A third conviction can result in a fine up to $10,000 and/or jail time of 2-10 years.
  • If you are found boating while intoxicated on a vessel that has an engine over 50 horsepower (this includes boats and jet skis), your license will automatically be suspended.
oasis at lake travis

Image by Tara Deck

Unlike a DWI an officer is not required to have probable cause or reasonable suspicion to stop your boat and test you for suspected impairment. On a boat, you can be stopped at the officer’s discretion to check the boat for safety floatation devices. The officer may then proceed to conduct a sobriety test based on factors he witnesses while on the boat such as smelling alcohol on breath, bloodshot eyes or a red face. Some of these factors could easily be explained as sun exposure but will frequently lead officers to conduct field sobriety tests. Officers may also stop boaters for other reasons including: driving the boat too fast for the waterway, aggressive turns, or failure to turn on lights and other equipment.

To investigate whether a person was boating while intoxicated an officer will likely perform some sobriety tests on the water to determine if there is reason to conduct a further investigation on land. The tests performed “on the water” will likely include such things as reciting the alphabet and divided attention tests (including hand-palm touches or a finger count). Officers are instructed to wait 15 minutes before administering sobriety tests on land, so that a person may regain his equilibrium after being removed from water to land.

Ultimately, the best thing you can do to protect yourself from being charged with a BWI is to appoint a designated driver or don’t drink and drive.

If you have any questions about what constitutes Boating While Intoxicated or have been charged with an alcohol related offense, feel free to visit us on Facebook and post a question, leave a comment or fill out a free case evaluation form with no obligation.

 

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